The Council of Europe’s Committee of Ministers has exhorted the authorities and political leaders of Bosnia and Herzegovina to reach a consensus on the necessary amendments to the country’s Constitution and electoral legislation so that the general elections scheduled for October next year are held in full compliance with the judgments of the European Court of Human Rights.
Supervising the execution of the Court’s judgments in the Sejdić and Finci group of five cases, the Committee this week adopted an Interim Resolution* reiterating the crucial importance of Bosnia and Herzegovina fully abiding by the Court’s judgments.
The Committee noted with outmost concern that if no measures are taken by the state, 12 years after the Sejdić and Finci judgment and despite its repeated calls for progress, a fourth set of elections will be held under the present discriminatory system, clearly violating the European Convention on Human Rights.
Noting that the Inter-Agency working group tasked with preparing amendments to the electoral legislation has not met since 23 July 2021, the Committee once again urged all stakeholders engaged in the electoral reform process to ensure that the group resumes its work as a matter of priority.
At the same time, the Committee of Ministers noted the ongoing electoral reform efforts and the commitment expressed by the authorities and political leaders to implement the Court’s judgments fully and effectively, including during the recent visit of members of the Council of Europe secretariat to Bosnia and Herzegovina (9-10 November 2021).
The Committee noted that the Council of Europe stands ready to assist the country’s authorities, urging them to take advantage of all Council of Europe expertise – in particular that of the Venice Commission – to rapidly reach a consensus on electoral reform.
These cases will be re-examined by the Committee of Ministers in March 2022. Should no tangible progress be achieved by then, the Committee affirmed its readiness to take new action to ensure that Bosnia and Herzegovina abides fully and effectively by its obligations deriving from the ECHR judgments.
